1.1 Welcome to
the Broxburn Browns Customer Terms and Conditions. These terms and conditions
will apply to any purchase made from us.

1.2 Broxburn
Browns is a company incorporated in Scotland (Company Number SC080209) and with
its Registered Office at Lochend Farm, 18 Glasgow Road, Newbridge EH28 8PP.

1.3 From time to
time, it will be necessary to update these terms and conditions. Updates will
be posted on the Website and you agree to be bound by the new terms and
conditions after this has been done. However you will only be bound by the
version of the terms and conditions which applied at the time you purchased a Product
via the Website.

1.4 By using
this Website in any way you are also agreeing to the Website User Terms and
Conditions which are expressly incorporated into this Agreement.

2. Definitions

2.1 In this Agreement:-

"Agreement” means these terms and conditions and the Website User Terms and
Conditions, together with your offer to purchase a Product and the Broxburn
Browns Purchase Confirmation.

"Customer” means someone who purchases a Product.

"Order” means the Customer’s order for the purchase of a Product, placed either
by telephone or online.

"Product” means any product from our Range of Products advertised on the Website.

"Purchase Confirmation” means the email provided by us after you have
clicked ‘buy’, to confirm our acceptance of your offer to purchase a Product.

"Registration” means the process of opening an account with us in order to be able to
purchase Products online.

"Registration Confirmation” means the email acknowledgment sent by us following
your completed Registration.

3.1 You must be at
least 18 years of age (or a business operated by someone at least 18 years of
age) to open an account with us.

3.2 You must ensure that the details you provide are
complete and accurate, including your delivery instructions.

3.3 Any change to your details must be notified to us
promptly, either by updating your details via your account on the website or by
calling us on 0131 333 1700.

3.4 You will be asked
to create a password as part of the online account creation process. If your
account is created over the phone a password will be generated for you and we
recommend that this is changed immediately via the ‘log into your account’
section of our website. You must notify us immediately if you know or suspect
that someone knows your password and recommend that it is changed immediately
via the ‘log into your account’ section of our website.

3.5 We reserve the
right to require that you change your password and to suspend or cancel your
account where we have reason to believe there has been or could be a breach of Website
security.

3.6 The details you
provide are governed by our Privacy Policy.

3.7 We will provide a
Registration Confirmation for all account registrations but we reserve the
right to accept or reject any registration at our sole discretion.

4. Purchasing Products

4.1 An Order may be placed either by telephone or online via
the Website. To make a telephone Order, Customers should call 0131 333 1700.

4.2 In the event of any dispute as to the Order, the Purchase
Confirmation shall be deemed as the authoritative Order.

4.3 Unless otherwise agreed, payment will be made by the
Customer on delivery of an Order. Payment may be made by cash or cheque. Where
delivery is made to the Customer’s home address, payment may also be made by
debit or credit card. Customers may also pay for an Order by BACS. Please note
that if the Customer’s cheque is returned by the
bank as unpaid for any reason, we reserve the right to levy a "returned cheque”
charge of £20.

4.4 No Order placed
online is accepted from us until the Website displays a purchase confirmation
message. You will receive a Purchase Confirmation and this email should be kept
for reference until your order has been delivered and accepted as correct.

4.5 Whilst we will
endeavour to deliver all accepted Orders, our Products are subject to availability.
If we are unable to deliver an item you have ordered we may offer a reasonable
substitute. You may reject this substitute and you will not be charged for it,
or where payment has already been taken you will be refunded any amount paid
for that item. Where we do not offer a substitute Product the item will be
removed from your Order and again you will not be charged for it, or where
payment has already been taken you will be refunded any amount paid for that
item. We will bear no liability for the unavailability of Products.

4.6 Where an item has
been displayed on the Website with an incorrect price we reserve the right to
remove that item from your Order, amend the price to one that is correct or to
not deliver the item and refund the price paid.

4.7 All prices
displayed on the website are inclusive of any applicable taxes and duty
(including VAT).

5. Delivery

5.1 We will deliver to
the address which you provided when you Registered for your account, or if
applicable which you instructed by telephone.

5.2 The areas to which
we may deliver Products are identified on the Website. We reserve the right not
to deliver to all locations within these areas, or not to deliver all Products
to all locations. You will be notified during the account creation process if
we are unable to deliver to your address.

5.3 It is your
responsibility to make suitable arrangements to receive your delivery. The
delivery details section of your account is important as it allows you to leave
instructions of a suitable location where your delivery can be left if you are
not at home to take receipt of the goods.

5.4 We cannot accept
liability for any inconvenience or loss where we are unable to deliver to you,
or deliver to you late for reasons beyond our control (e.g. adverse weather,
vehicle breakdown, traffic congestion, strike actions, supplier failures). We
will of course refund you for any part of your order which is not delivered or
which has been compromised as a result of the delay.

5.5 You must inspect Products
received as swiftly as possible after delivery and notify us promptly of any
errors. We will refund you for any products you receive that were not ordered,
are faulty, have been substituted with a Product that is unacceptable to you. However,
such liability will be limited to the value of the erroneous and / or
undelivered goods.

5.6 Broxburn
Browns shall bear all risk in respect of consignments until delivered to the
Customer. Once the Products have been delivered by us, all risk of damage to,
or loss of, the products shall pass to the Customer.

5.7 Whilst we
shall always endeavor to deliver orders promptly and in accordance with any
dates or times we have agreed to, such delivery dates and times are not an
essential term of the Agreement. Broxburn Browns shall have no liability in
respect of delay in delivery to the Customer.

5.8 Due to the
perishable nature of the majority of our Products, notification of damage,
delay or loss of Products in transit or of non-delivery must be given to us by
telephone within 24 hours of delivery (or, in the case of non-delivery, within three
days of notification of despatch of the Products).

6. Cancellation

6.1 You may cancel
your account with us at any time either online or by notifying us in writing,
over the phone or by email. Cancelling your account will not affect or remove
any rights or liabilities accrued up until that point and any Orders submitted
prior to your account cancelation will remain binding.

6.2 We may cancel your
account and or any accepted orders at our reasonable discretion or if you
breach any of your obligations under these terms and conditions.

6.3If you are
purchasing as a consumer, you may cancel your Order with us at any time up to
the end of the fourteenthworking day after the
Products are received, or in the event that no products have been delivered, 14
days from receipt of the Purchase Confirmation.
You do not need to give us any reason for cancelling your Order nor will
you have to pay any penalty. Please note, this right does not apply to
perishable goods and therefore will not apply to most of the Broxburn Browns
Products.

6.4 To cancel your Order for non-perishable
Products, please call us on 0131 333 1700 or email us at info@broxburnbrowns.co.uk in each case within the statutory cooling-off
period and giving details of the items ordered, and (where appropriate) their
delivery date.

6.5 If you have received the non-perishable Products before you cancel
your Order then unless alternative arrangements are agreed with us you must
send the Products back to our contact address at your own cost within 14 days
of notifying us of your cancellation. Where you fail to return the Product to
us, we shall be entitled to charge you for the reasonable costs of collecting
the Products from you. We reserve the right to deduct such costs from any
refund due to you. The Products must be unused, in their original packing and
in a saleable condition.

7. Warranty

7.1 We guarantee that
our products will be of a satisfactory condition and quality (with the
exception of defects caused by your mis-use, neglect or by accidents while the
goods were in your possession). Please notify us if you are dissatisfied with
any of our products. If upon examination they are defective or faulty we will
gladly refund you the price paid for them.

8.
Disclaimer and Limitation of Liability

8.1 Broxburn
Browns will use all reasonable endeavours to provide the Products which are
described on the Website and to maintain the Website’s functionality. However we
cannot guarantee the performance of the Website, nor its 100% availability
without interruption. To the fullest extent permitted at law, the Website and
its contents is provided on an "as is” basis and Broxburn Browns makes no (and
expressly disclaims all) representations or warranties of any kind, with
respect to the Website or its contents or their suitability, reliability or
usefulness for any purpose.

8.2Customers must make every effort to secure their username,
passwords details and should not under any circumstance disclose their username
and password and details to a 3rd
party or by email. Broxburn Browns will
not be liable for any damages arising out of or in connection with the use of
this Website or the information, content, materials or products included on
this Website. This is a comprehensive limitation of liability that applies to
all damages of any kind.

8.3 We accept no liability in relation to representation,
including unforeseeable losses, and losses to a business (loss of reputation,
profits, trade or trade opportunities).

8.4 Our entire liability under these terms and conditions
will not exceed the purchase price of the ordered Products. However nothing in
these terms and conditions can limit our liability to you for death or personal
injury resulting from our negligence or that of our employees, agents or
subcontractors.

8.5 We shall not be liable for any delay or failure in the
performance of our obligations due to events beyond our reasonable control such
as but not limited to fire, adverse weather, acts of God, strikes, labour
disputes, civil unrest, accident, disruption to energy supplies, equipment or
supplier failure, road traffic problems, terrorism or war.

9. Miscellaneous

9.1 You are not entitled to
assign, sub-license or otherwise transfer any of your rights under these terms
and conditions.

9.2 This Agreement shall be
governed by, construed and interpreted in accordance with the laws of Scotland
and you agree to submit to the non-exclusive jurisdiction of the Scottish
courts.

9.3 Failure or
delay by us in enforcing any term of the Agreement shall not be construed as a
waiver of any of its rights under it.

9.4 The
illegality, invalidity or unenforceability of any part of this Agreement will
not affect the legality, validity or enforceability of the remainder.